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HomeMy WebLinkAboutCC Res 4740 1999-08-23 RESOLUTION NUMBER ~O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-2, APPROVING A FREEWAY IDENTIFICATION SIGN ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SEAL BEACH BOULEVARD AND LAMPSON AVENUE (BIXBY OLD RANCH TOWNE CENTER) 1 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section I. The Planning Commission held a properly noticed public hearing regarding Site Plan Review 98-2 on December 9, 1998, and approved the project through the adoption of Planning Commission Resolution 98-47. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et at. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals retying on the Final EIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Finat ElR, subject to and pending further Court order. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ n.c and ill I of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (OEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments, including this amendment. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmentat Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final ElR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public I hearing on August 23, 1999 to consider approving this site plan review. Section 4. The record of the Planning Commission hearing of December 9, 1998 indicates the following: a. On October 19, 1998, Kitchell Development Company (the "Applicant") fited an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26.045-acre commercial shopping center site. Resolution Number 41~ 1 b. Specifically, the applicant is proposing to construct a freeway identification sign for the proposed Bixby Old Ranch Towne Center. The proposed sign location is adjBcent to the 1-405 Freeway, east of the proposed Marriott Senior Care Facility, on property designated Public LBnd Use/Recreation (pLUIR), and is proposed to be 50 feet in height, with a sign area of 267 square feet. Said freeway identification sign is to provide identification for a maximum 286,967 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property tocated at the northeast comer of Seal Beach Boulevard and St. Cloud, as approved by the City Council through Site Plan Review 98-1, Revision # 2. A component of the shopping center project includes the proposed freeway identification sign, which was specifically provided for in the Development Agreement between the City and Bixby Ranch Company. c. The proposed freeway identification sign is to be located approximately 120 feet east of Greenbelt dedication line for the easterly boundary of the Marriott Brighton Gardens senior care facility, immediately adjacent to the right-of-way of the 1-405 Freeway. The "reserved area" for the sign is approximately 40 x 40 feet in size, comprising approximately 1,600 square feet. The "reserved area" is within 40 feet of Lampson Avenue at the closest point. Said structure is located at the far eastern comer of the proposed Lampson Avenue greenbelt area, approximately 1,200 feet east of Seal Beach Boulevard. (Easement Area "4" on Tentative Parcel Map No. 97-165). d. The proposed sign location is adjacent to the 1-405 Freeway, east of the proposed Marriott Senior Care Facility, on property designated Public Land UselRecreation (PLU/R), and is proposed to be 50 feet in height, with a sign area of 267 square feet. The PLU/R zone has no height regulations. However, Section 28-1804.3.f. indicates that when the subject property falls under an adopted ptanned sign program, the standard requirements for commercially zoned property signs do not apply. I e. The concept plan indicates a sign structure with a maximum height of 50 feet, measured to the peak of the roof element on the sign. The height to the top "tenant" sign panel is approximately 40 feet. Total sign area is 267 square feet, broken down as follows: IJ Tenant Identification Area - (4 Tenant Signs) IJ Shopping Center Identification Sign IJ Direction Sign 208 sq. ft. total 20 sq. ft. 39 sq. ft. The overall dimensions of the entire sign pylon structure is 23 feet wide and 50 feet high, and is designed to reflect the architectural style of the shopping center itself, using cultured stone at the base, wood siding, and cornice moldings to match that of the shoPpillg center. f. The subject property is legally described as Easement Area 4, Tentative Parcel Map No. 97-1651, and is located in the Public Land Use/Recreation (pLU/R) zone. g. Surrounding land uses and zoning are as follows: IJ North - Bixby Old Ranch Golf Course in the Recreation- Golf (R-G) Zone. I IJ South - 1-405 Freeway right-of-way and the Seal Beach Weapons Support Facility further to the south, in the Public Land Use/Recreation (PLU/R) Zone. IJ East - Brighton Gardens senior care residential development in the General Commercial (C-2) Zone, with approximately 120 feet of Public Land UselRecreation (pLUIR) zoning between the proposed sign location and the easterly property line of the Brighton Gardens development.. Resolution Number~;1~1.? c West - Approximately 1,800 feet to the east is the Bixby Old Ranch Tennis Club site, which is to be dedicated to the City for a community center and recreation facility and to be zoned Public Land UselRecreation (pLU/R). The nearest residential area is approximately 2,500 feet to the east, on the east side of the Tennis Club property. h. The "Mitigation Monitoring Program" establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts of the shopping center development and the proposed freeway identification sign to a level of insignificance in relation to this development application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision # 2 (92 mitigation measures), and are incorporated herein by reference. 1 i. In considering this site plan review, the Commission approached this issue from the standpoint of the sign restrictions in the C-2, Generat Commercial Zone for dealing with the issue of the height of the sign. The Code states that no building or structure shall exceed the height limit for the district and zone in which it is located, 35 feet in the C-2 zone. However, Section 28-2317(4} .provides for height variations for non-habitable architectural features. Specifically, Section 28-2317( 4}(A} states: "Scope: Non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, porapets (not required by Uniform Building Code), domes and covered stairwells to open roof decks may exceed the height limit established for the district in which such structure is.located to a maximum of seven feet r!J if granted pursuant to the procedures contained in this section. " Therefore, the Commission considered a :is-foot height limit to the top of the "tenant sign panel" and an overall height limitation for the sign structure of 42 feet. This maintains the basic concept of the sign proposal, while maintaining consistency with other standard design provisions of the City's Code. I Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council hereby adopts the findings of the Planning Commission and makes the following findings: a. Site Plan Review No. 98-2, a request to permit a freeway identification sign as a component of the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of.tQe City's General Plan, which provides a "public land use/recreation" designation for the subject property and permits concessions and businesses when so designated and approved by the City Council. The use is also consistent with the remaining elements of the City's General Plan, as the policies ofthose elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. Subject to the proposed conditions of approval, the proposed use of the property as a freeway identification sign is in keeping with the overall design theme of the remainder of the shopping center, with the siding and roofing materials and design theme is consistent with that of the shopping center c. Given the traffic speed along the 1-405 freeway, the size of the proposed sign, as approved by the Council, will not create an overpowering presence from the freeway. Given the closeness of the sign to Lampson Avenue, it is recommended that extensive plantings of screening trees be required to visually screen the sign from this roadway as much as possible. I d. The proposed sign structure, as modified and conditioned by the Council, is appropriate for the character and integrity of the adjoining land uses. To the west a minimum of 120 feet is the Brighton Garden senior care facility, a hotel site and restaurant site. The nearest development to the west is the Bixby Old Ranch Tennis Club site, which is to be dedicated to the City for a community center and recreation facility, Resolution Number~)7~~. approximately 1,800 feet to the east. The nearest residential area is approximately 2,500 feet to the east, on the east side of the Tennis Club property. Section 6. Based upon the foregoing, the City Council hereby approves Site Plan Review No. 98-2, subject to the following conditions: 1. Site Plan Review 98-2 is approved for the construction of a freeway identification sign for the Bixby Old Ranch Towne Center, with the maximum structure height to be 42 feet and the maximum tenant identification sign height to be 38 feet. 1 2. A landscape plan shall be reviewed and commented on by the Parks, Recreation and Community Services Director, the Tree Preservation Committee of the City. The Street Tree Division of the Parks and Recreation Department shall approve said landscape plan. Said landscape plan shall provide for as much visual screening of the sign structure form motorists and pedestrianslbicyclists utilizing Lampson Avenue as possible. ~. All construction shall be in substantial compliance with the plans approved through SPR 98-2, and building permits shall not be issued prior to City approval ofthe landscaping plan. 4. There shall be no habitable space or useable retail space permitted within the sign structure. 5. This Site Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeat period has elapsed. I PASSED, APPROVED AND ADOPfED by the City CO')Pcil of the City of Seal .... " . ~ ....... )'!!'. 00 lhe -,;?Jl kL. doy of U.A , 1999, by the following vole: AYES: Councilmemb NOES: Councilmembers Councilmembers ~1J_ ABSENT: Ma><<r I ReSolutionNurnber~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yea, City Clerk of Seal Beach, California, do ~fy that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the ~ouncil of the City of """~ ". r """""" """" "'" DO m. ' .L da, of ,U ~ , 1999. "J ~ ~"m~ ( d Ci erk I 1 I I 1 I I PR00F OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange '1 am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled malter. I am the principal clerk of the printer of the SEAL BEACH SUN. a newspaper of general circulation, printed and published weekly in the Oily of Seal Beach, County of ;:-..Orange and which newspaper has ;been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 21.24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpaleil), has been published in each regular and entire issue of said newspaper and not in any supplemenlthereof on the following dates, to-wit: kvc: u ,("r 1 <"2. all in the year 1999. I certify (or declare) under penally of perjury that the foregoing.is true and correct Dated at Seal Beach, CA, this~day of ruG...) J.',--, 1999. A~ , ~ Signature PUBLICATION PROCESSED I:3Y: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 Resolution Numbe~;1~~ This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE OF PUBUC HEARING - L Condlllonal Us. Perrm'S8-l5 _ . Mamott senior care facility NOTteE IS HEREBY GIVEN !hlll'n M Eucalyplus Tree Penmt 99-1 _ accordance wfth the Augu8t 3, 19911 Removal of eucalvDtus trees WIth. Writ of Mandat. I..ued by th. I", Areas -A- and .S- (commsrclal Orange County Superior Court~ the developmenl areas) City Council 01 the City of 5..1 . N V Beech will hold. public hurlng on . Bsllng rentatlve Tract Map No Mondey, A!l9us' 23, II.g a' 7:00 ~S791- 75.1ot reskfentlalsubdl_ p.m. In the CIty CounctI Cham""', 11011 211 EIghth Street, Sui Bach, e.1- 0 Conddfonal Use Perm!: 99-5 _ Off- . Ilomla to: gremlH alcohol sales at SaY-On 1 ConSIder R8VI!IIOnS 10 the BIxby Old ruq Ranch Towne Center FlnafEIR ProJect Overview: The proposed (SCH 97091077) - Cerbficatton of rribced-use prqect consists of com. I:IR by CfIy Council: Adoption of merclal, resrdentlal, recreational,. Statement of Overriding ConsklBf'o t InslJtutlonal, and open ~ usaa atlons and Is pl8VIOUsIy approved the CIty . f CoUI1ClIIn Novamba, 1 . and aa 2. Reconsider descnbed In the Revised EIA under A Genaral Plan Amendment 98-1 _ . COnslderabOn as pari of thiS pubbc Amendments to various el8menll : I hearing The EIR approval was of the General Plan to maln!alncon- challenged by several parties and Ststency between the Generat Plan -I the CIty has been Instructed by the and Ih8 approved project. Court 10 lei astde. vacate, and void Aesolutlon No 4660 approved on 1. Land Use Element Amendment November 23, 1998, certifying the 2 Open SpaceJConser- FmaI EIA for the profect: Ihe NOIIee vaUonJFtec::reatton Elemenl of Determlnatlen frlld on Novem. 3 8IcycIe Route Element ber 24, 1998, and any and all 4 Housing Element actions of any body that rely In 5. Circulation Element YmoIe or" part on Ih8 ~ Ranch 6 Noise Element EIR. n:::Iudtng the Seal BeaCh Plan- B ZoneD1ange98-1-At....rei,....,1I nlng CommiSsion. 10 Zoning Map 10 maintain canStS- The BIle Is approxlmal8!Y 218 acres I8ncy -... Zor*'9 Map and In size. The malar proIact oompo- the General Plan. nents life as ,oJJows; U) 286,967 1 TeMil Ctub SIIe _ General square foot retalI shopping center . Commercial (C-2) 10 Pubic (Development Area -A1, (2) 104 Land Use 'F.!lln room hotel, 15,000 squareleet of A "A" d "8- . restaurants, 16O-bed senIOr BSSISI- 2 Development r8BI an - ed lIVIng facHlIy, 6 acres greenbelt -Gena,aI Commarclal(C'2) (DavelOpmanl Area "B1. (3) 157- and Aecreaflon-Go" (A-G) to acre reeonllgured prfvate golf General Commerctal (,C-2) course and a pnvate/pubuearM 3. Development Area -c - Gen- range (Development Area -0,; (4 erat Commercial 'C~ and 75-101 detached I'8S1denbal Aecrea~-Go" (R-G 10 slon and 2.5 acre community park Aecr8ation GoII (R-G (Development Area -0 and f5) 4. Development Area . - Gener- dedlC8tion oIexlsbng 8135 BIl!~ at Corm1erclal (C2) and Old Ranch Tenm aub she to Cdy Racrea!ton.Go" IA.G) to Rasl. (Davelopmam Area "E1 - dantlal Madl"", Densily IRMD) . Code Section.: Section 28-2600 C. Tentative Parcel Map No 97.185 -Zone Changes - parcellzaIIon 01 13.87-acre corn- Section 28-2503-2504 _ Condl. m8rClal site bonBI Use Permits o Tentaltve Tract Map No. 15767- Section 28-1803- Planned Sign pan:elizatlon 01 28 045-acre com. Program mercial shopping center Section 28-2317(4) _ Height E Development AQreernent- Spec. Varlalions Ifles dLilles and responsibilities of Section 28-2751-2no _ DeveI- Cdy and;; Aanch Company 10 opment Agreements ensure completion and c0m- pliance all mdrgabon meast.nS Sectfon 70.... - Eucalyptus Tree and condlIions Permits RavIa 98 1 SII plan Chaplar 21 . Subdlvlalons FSII8P1an w - - 8 . review lor 26.045-acre shopping Applicant: Bixby Ranch Company center development ~hell DevelOpment c:v G. Condlllonal Use Permh 98.16 _ MarrioU SenIOr LMng S dnve-lhlough WindOW and ~-hour Owner: B~ Ranch Company opelallon fOr proposed drug store Kttchell DeVelopment Company Wllhln 26.045-acre shopping can- Marrlon Serucn LMng Services ter Ai the above time and place all Inter- H Conditional Use Permil98-17 - ested persons may be heard If so home center and auldoor garden destred tI you chalenge the DfOI)OS8d center acbcne In cowt, you may be lunited to . ralsIna only thos8 Issue. ~u or s0ma- l. SIIe Plan RIM8W 98-2 - freeway one else raised al the public hellnng idendlk:abon sign . described in thiS notice, or In written J Height Vanabon 98-6 - 8n:h1lBc- cornJspondence deUver8d to Ihe Ct:IY I . tural f8a1ures above 35-foot heigh! of Seal Beach at, or prior to, the puti- ~ limit lie hearing' K. Planned Sign Program 98.1 - OATEOT11Is9lhdayof~ 1999 overallllhopj>lng centar aIgn pro. JOanna M..Yao. CIIy C1ar1i. .... . gram . I PtJbIish8d In the.iNI Beacti SUn~- naJ._. r'/'lo.Q9 .